Swimming Pool Barrier Inspection Program

Recent
changes to the NSW Swimming Pools Act 1992 include new responsibilities for
both pool owners and Councils that aim to improve the safety of young children
around all properties that have swimming pools or spa pools.

One
of the requirements is for Council to develop and implement a swimming pool
inspection program in consultation with the local community.

Council’s Swimming Pool Safety Inspection Program

The
amendment to the Swimming Pools Act 1992 requires all councils to implement an
inspection program in their area. The purpose of inspections is to issue a
Certificate of Compliance indicating that the pool barrier complies with the
Act.

Goulburn Mulwaree Council, in line with the
recent changes to the Swimming Pools Act have adopted an Administrative Guideline
and inturn commenced a swimming pool inspection program to encourage pool
owners to ensure their child safe barrier comply with relevant legislative requirements.
Accordingly, we recommend that you regularly undertake a preliminary self-check
of your pool safety barrier and rectify any obvious problems. Useful information may be obtained by visiting the New South Wales Government website www.swimmingpoolregister.nsw.gov.au/checklists

The
Inspection Program will involve undertaking inspections in areas identified on
a ‘risk’ basis, i.e. older areas with a high number of pools, multi-occupancy
dwellings and tourist/visitor accommodation. The Inspection Program also plans
for conducting general pool compliance inspections throughout the Goulburn
Mulwaree Local Government Area.

The
Swimming Pools Regulation 2008 prescribes a maximum fee that councils may
charge in order to facilitate the Inspection Program. The maximum fees are $150
for the initial inspection and $100 for any subsequent inspections (the maximum
that Council may charge is $250, even though multiple inspections may be
required). Inspection fees are listed in Councils Fees and Charges Schedule
available from Customer Service.

Once
the pool is inspected, the pool owner will receive a letter regarding the
inspection result:

if the pool complies,
they will receive a Compliance Certificate valid for three years from the date
of issue.

if the pool has minor
matters to be addressed in order to comply, they will receive a Notice of
Non-Compliance letter advising that the work must be completed and a
reinspection conducted. Minor matters to be addressed include (but are not
limited to) general maintenance and repairs to the swimming pool barrier, for
example, repairing existing barrier panels, adjusting gates and removing
climbable objects.

if the pool has major
compliance issues, or they don’t complete the minor works within the specified
timeframe, an Order to comply with the Swimming Pools Act will be issued and
involves the entire pool area to meet the current regulations and standards.
Penalty infringements and court proceedings may occur for continued
non-compliance. Major compliance issues include, but are not limited, to where
the swimming pool safety barrier has been substantially altered or re-built
from the original approved barrier, or if a major safety risk is posed in
relation to the swimming pool safety barrier.

DISCLAIMER: This service is provided by Goulburn Mulwaree Council. Council provides this information with the understanding that it is not guaranteed to be accurate, correct or complete. Conclusions drawn from this information are the responsibility of the user. Every effort has been made to ensure accuracy however, Council assumes no responsibility in the event that any information is incorrect. Council assumes no liability for damages incurred as a result of incomplete, incorrect or omitted information. The user of this information assumes all liability for their dependence on it.